Physicians’ obligations when transferring a patient’s care

By Lonny Rosen and Elyse Sunshine . A recent decision by the Health Professions Appeal and Review Board (the Board) provides guidance on a physician’s obligations when transferring care to a colleague in a hospital setting. Read more

The importance of the carefully drafted RFP

Planning and careful consideration for the goods and services that are required for Ontario hospitals and other health institutions help ensure a smooth procurement process so the request for proposal (RFP) results in the best possible purchase, says Toronto health lawyer Michael Gleeson. Read more

Controlled act of psychotherapy restricted after transition period

Practitioners of psychotherapy have just under two years to register with a regulated professional body after the provincial government finally added the practice to its list of “controlled acts,” Toronto health lawyer Lonny Rosen tells Read more

Summary judgment motion inappropriate for expert qualification challenge

By Elyse Sunshine and Lonny Rosen . In a dental malpractice claim , the defence moved for summary judgment after the defendant’s (the dentist) examination for discovery had taken place and expert reports had been exchanged. After reviewing the evidence, the judge dismissed the motion, finding genuine issues for trial, including whether one of the “experts” was qualified to give an expert opinion. Read more

Professional staff leaves of absence – is your hospital prepared?

By Kate Dewhirst . Does your hospital explain to your professional staff members the rules about taking a leave of absence? Read more

“Uninsured Services: Billing and Block Fees Policy” approved by CPSO

By Lonny Rosen and Elyse Sunshine . “Uninsured services” are physician services not covered by the Ontario Health Insurance Plan (OHIP). These types of services include, for example, prescription refills and medical advice over the phone, providing copies of medical records, travel immunizations, elective cosmetic procedures, etc. Read more

Stop and think before you post the following on social media

By Kate Dewhirst . If you are a health care leader, at some point you have wondered about the risks of social media. Read more

Written consent and proper record keeping key for veterinarians

By Elyse Sunshine and Lonny Rosen . A recent case before the Health Professions Appeal and Review Board (Board), confirming a decision of the Complaints Committee (the Committee) of the College of Veterinarians of Ontario, provides guidance for veterinarians and indeed all health professionals regarding the importance of obtaining informed consent and record keeping. Read more

Physicians and the value of performance reviews

Hospitals should use annual physician performance reviews to deal with persistent shortcomings before they escalate, says Toronto health lawyer Kate Dewhirst . Read more

Medical regulator views offences involving dishonesty as serious

The nine-month licence suspension and formal reprimand for professional misconduct that the College of Physicians and Surgeons of Ontario imposed on a Canadian sports doctor show how seriously the regulator takes offences involving dishonesty, says Toronto health lawyer Elyse Sunshine . Read more

Guidelines require healthcare organizations to track privacy breaches

By Kate Dewhirst . The Information and Privacy Commissioner of Ontario released new guidelines that will come into effect March 2019 but require healthcare organizations to start tracking certain kinds of privacy breaches as of January 2018. Read more

Violence against health-care workers a growing problem

With incidents of violence against health-care workers by patients and their families seemingly on the rise, Toronto health lawyer Mary Jane Dykeman says it’s critical for sector organizations to develop best practices, training tools and strategies to mitigate the risks and effectively deal with incidents when they occur. Read more

Outcomes illustrate impact of tone, content of responses to complaints

The content and tone of how health professionals respond to any complaint or investigation into their conduct can affect the disposition of the regulator, says Toronto health lawyer Lonny Rosen. Read more

Health college not appropriate forum to resolve business dispute

By Lonny Rosen and Elyse Sunshine . In a recent case , the Inquiries, Complaints and Reports Committee (Committee) of the Royal College of Dental Surgeons of Ontario (the College) took no action following a complaint against four dentists regarding their advertising practices, finding that the issues raised were essentially a business dispute that had already been arbitrated. The Health Professions Appeal and Review Board (the Board) agreed. Read more

Professional staff succession planning

By Kate Dewhirst . Professional staff in hospitals are doctors, dentists, midwives and privileged staff nurse practitioners. Read more